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Congratulations, you are a proud owner of a Process that is classified as Program 2 under the Clean Air Act Amendments of 1990, Section112(r) and the Florida Accidental Release Prevention and Risk Management Planning Act.
Program 2
The requirements of a Risk Management Program forr Program 2 processes are:
1. Develop and implement a management system;
2. Conduct a Hazard Assessment;
3. Implement the Program 2 Prevention Steps;
4. Develop and implement an emergency response program;
5. Submit a Risk Management Plan;
6. Pay and submit annual Fees.
Note: The owner or operator of a stationary source subject to the Risk Management PlanningProgram must submit a single RMP that includes a registration that reflects all covered processes.
Detailed Requirements and Helpful Hints
1. Develop a Management System
Sec. 68.15 Management.
(a) The owner or operator of a stationary source with processes subject to Program 2 or Program 3 shall develop a management system to oversee the implementation of the risk management program elements.
(b) The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements.
(c) When responsibility for implementing individual requirements of this part is assigned to persons other than the person identified under paragraph (b) of this section, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.
Worst-Case Release Scenario
When determining which program level your Process is you should have already completed a Worst-Case Release Scenario. To review the process of determining a Worst-Case Release Scenario use RMP.Hazard!
Alternative Release Scenario
For Program 2 processes you must determine an Alternative Release Scenario. To review how to of determine an Alternative Release Scenario use RMP.Hazard.
Five -Year Accident History
Once again, to find out which Program Level your Process you should have already completed a Five-Year Accident History. To review the process of determining this click HERE!
3. Program 2 Prevention Program Requirements
68.48 Safety information.
(a) The owner or operator shall compile and maintain the following up-to-date safety information related to the regulated substances, processes, and equipment:
(1) Material Safety Data Sheets that meet the requirements of 29 CFR 1910.1200(g);
(2) Maximum intended inventory of equipment in which the regulated substances are stored or processed;
(3) Safe upper and lower temperatures, pressures, flows, and compositions;
(4) Equipment specifications; and
(5) Codes and standards used to design, build, and operate the process.
(b) The owner or operator shall ensure that the process is designed in compliance with recognized and generally accepted good engineering practices. Compliance with Federal or state regulations that address industry-specific safe design or with industry-specific design codes and standards may be used to demonstrate compliance with this paragraph.
(c) The owner or operator shall update the safety information if a major change occurs that makes the information inaccurate.
Sec. 68.50 Hazard review.
(a) The owner or operator shall conduct a review of the hazards associated with the regulated substances, process, and procedures. The review shall identify the following:
(1) The hazards associated with the process and regulated substances;
(2) Opportunities for equipment malfunctions or human errors that could cause an accidental release;
(3) The safeguards used or needed to control the hazards or prevent equipment malfunction or human error; and
(4) Any steps used or needed to detect or monitor releases.
(b) The owner or operator may use checklists developed by persons or organizations knowledgeable about the process and equipment as a guide to conducting the review. For processes designed to meet industry standards or Federal or state design rules, the hazard review shall, by inspecting all equipment, determine whether the process is designed, fabricated, and operated in accordance with the applicable standards or rules.
(c) The owner or operator shall document the results of the review and ensure that problems identified are resolved in a timely manner.
(d) The review shall be updated at least once every five years. The owner or operator shall also conduct reviews whenever a major change in the process occurs; all issues identified in the review shall be resolved before startup of the changed process.
Sec. 68.52 Operating procedures.
(a) The owner or operator shall prepare written operating procedures that provide clear instructions or steps for safely conducting activities associated with each covered process consistent with the safety information for that process. Operating procedures or instructions provided by equipment manufacturers or developed by persons or organizations knowledgeable about the process and equipment may be used as a basis for a stationary source's operating procedures. (b) The procedures shall address the following:
(1) Initial startup;
(2) Normal operations;
(3) Temporary operations;
(4) Emergency shutdown and operations;
(5) Normal shutdown;
(6) Startup following a normal or emergency shutdown or a major change that requires a hazard review;
(7) Consequences of deviations and steps required to correct or avoid deviations; and
(8) Equipment inspections.
(c) The owner or operator shall ensure that the operating procedures are updated, if necessary, whenever a major change occurs and prior to startup of the changed process.
Sec. 68.54 Training.
(a) The owner or operator shall ensure that each employee presently operating a process, and each employee newly assigned to a covered process have been trained or tested competent in the operating procedures provided in Sec. 68.52 that pertain to their duties. For those employees already operating a process on June 21, 1999, the owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as provided in the operating procedures.
(b) Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee operating a process to ensure that the employee understands and adheres to the current operating procedures of the process. The owner or operator, in consultation with the employees operating the process, shall determine the appropriate frequency of refresher training.
(c) The owner or operator may use training conducted under Federal or state regulations or under industry-specific standards or codes or training conducted by covered process equipment vendors to demonstrate compliance with this section to the extent that the training meets the requirements of this section.
(d) The owner or operator shall ensure that operators are trained in any updated or new procedures prior to startup of a process after a major change.
Sec. 68.56 Maintenance.
(a) The owner or operator shall prepare and implement procedures to maintain the on-going mechanical integrity of the process equipment. The owner or operator may use procedures or instructions provided by covered process equipment vendors or procedures in Federal or state regulations or industry codes as the basis for stationary source maintenance procedures.
(b) The owner or operator shall train or cause to be trained each employee involved in maintaining the on-going mechanical integrity of the process. To ensure that the employee can perform the job tasks in a safe manner, each such employee shall be trained in the hazards of the process, in how to avoid or correct unsafe conditions, and in the procedures applicable to the employee's job tasks.
(c) Any maintenance contractor shall ensure that each contract maintenance employee is trained to perform the maintenance procedures developed under paragraph (a) of this section.
(d) The owner or operator shall perform or cause to be performed inspections and tests on process equipment. Inspection and testing procedures shall follow recognized and generally accepted good engineering practices. The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations, industry standards or codes, good engineering practices, and prior operating experience.
Sec. 68.58 Compliance audits.
(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart at least every three years to verify that the procedures and practices developed under the rule are adequate and are being followed.
(b) The compliance audit shall be conducted by at least one person knowledgeable in the process.
(c) The owner or operator shall develop a report of the audit findings.
(d) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected. (
e) The owner or operator shall retain the two (2) most recent compliance audit reports. This requirement does not apply to any compliance audit report that is more than five years old.
Sec. 68.60 Incident investigation.
(a) The owner or operator shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release.
(b) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.
(c) A summary shall be prepared at the conclusion of the investigation which includes at a minimum:
(1) Date of incident;
(2) Date investigation began;
(3) A description of the incident;
(4) The factors that contributed to the incident; and,
(5) Any recommendations resulting from the investigation.
(d) The owner or operator shall promptly address and resolve the investigation findings and recommendations. Resolutions and corrective actions shall be documented.
(e) The findings shall be reviewed with all affected personnel whose job tasks are affected by the findings.
(f) Investigation summaries shall be retained for five years.
Sec. 68.90 Applicability.
(a) Except as provided in paragraph (b) of this section, the owner or operator of a stationary source with Program 2 and Program 3 processes shall comply with the requirements of Sec. 68.95.
(b) The owner or operator of stationary source whose employees will not respond to accidental releases of regulated substances need not comply with Sec. 68.95 of this part provided that they meet the following:
(1) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under 42 U.S.C. 11003;
(2) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the owner or operator has coordinated response actions with the local fire department; and
(3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.
Sec. 68.95 Emergency response program.
(a) The owner or operator shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall include the following elements:
(1) An emergency response plan, which shall be maintained at the stationary source and contain at least the following elements:
(i) Procedures for informing the public and local emergency response agencies about accidental releases;
(ii) Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures; and
(iii) Procedures and measures for emergency response after an accidental release of a regulated substance;
(2) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance;
(3) Training for all employees in relevant procedures; and
(4) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source and ensure that employees are informed of changes.
(b) A written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the National Response Team's Integrated Contingency Plan Guidance (``One Plan'') and that, among other matters, includes the elements provided in paragraph (a) of this section, shall satisfy the requirements of this section if the owner or operator also complies with paragraph (c) of this section.
(c) The emergency response plan developed under paragraph (a)(1) of this section shall be coordinated with the community emergency response plan developed under 42 U.S.C. 11003. Upon request of the local emergency planning committee or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
5. Submit a Risk Management Plan
There are five major sections of a Risk Management Plan for Program 2 processes. An Executive Summary, a Registration, an Hazard Assessment, Program 2 Prevention Program, Emergency Response
Sec. 68.155 Executive summary.
The owner or operator shall provide in the RMP an executive summary that includes a brief description of the following elements:
(a) The accidental release prevention and emergency response policies at the stationary source;
(b) The stationary source and regulated substances handled;
(c) The worst-case release scenario(s) and the alternative release scenario(s), including administrative controls and mitigation measures to limit the distances for each reported scenario;
(d) The general accidental release prevention program and chemical-specific prevention steps;
(e) The five-year accident history;
(f) The emergency response program; and
(g) Planned changes to improve safety.
Sec. 68.160 Registration.
(a) The owner or operator shall complete a single registration form and include it in the RMP. The form shall cover all regulated substances handled in covered processes.
(b) The registration shall include the following data:
(1) Stationary source name, street, city, county, state, zip code, latitude, and longitude;
(2) The stationary source Dun and Bradstreet number;
(3) Name and Dun and Bradstreet number of the corporate parent company;
(4) The name, telephone number, and mailing address of the owner or operator;
(5) The name and title of the person or position with overall responsibility for RMP elements and implementation;
(6) The name, title, telephone number, and 24-hour telephone number of the emergency contact;
(7) For each covered process, the name and CAS number of each regulated substance held above the threshold quantity in the process, the maximum quantity of each regulated substance or mixture in the process (in pounds) to two significant digits, the SIC code, and the Program level of the process;
(8) The stationary source EPA identifier;
(9) The number of full-time employees at the stationary source;
(10) Whether the stationary source is subject to 29 CFR 1910.119;
(11) Whether the stationary source is subject to 40 CFR part 355;
(12) Whether the stationary source has a CAA Title V operating permit; and
(13) The date of the last safety inspection of the stationary source by a Federal, state, or local government agency and the identity of the inspecting entity.
Hazard Assessment (Offsite Consequence Analysis or Worst-Case Scenario)
Sec. 68.165 Offsite consequence analysis.
(a) The owner or operator shall submit in the RMP information:
(1) One worst-case release scenario for each Program 1 process; and
(2) For Program 2 and 3 processes, one worst-case release scenario to represent all regulated toxic substances held above the threshold quantity and one worst-case release scenario to represent all regulated flammable substances held above the threshold quantity. If additional worst-case scenarios for toxics or flammables are required by Sec. 68.25(a)(2)(iii), the owner or operator shall submit the same information on the additional scenario(s). The owner or operator of Program 2 and 3 processes shall also submit information on one alternative release scenario for each regulated toxic substance held above the threshold quantity and one alternative release scenario to represent all regulated flammable substances held above the threshold quantity.
(b) The owner or operator shall submit the following data:
(1) Chemical name;
(2) Physical state (toxics only);
(3) Basis of results (give model name if used);
(4) Scenario (explosion, fire, toxic gas release, or liquid spill and vaporization);
(5) Quantity released in pounds;
(6) Release rate;
(7) Release duration;
(8) Wind speed and atmospheric stability class (toxics only);
(9) Topography (toxics only);
(10) Distance to endpoint;
(11) Public and environmental receptors within the distance;
(12) Passive mitigation considered; and
(13) Active mitigation considered (alternative releases only);
Five-Year accident History
Sec. 68.168 Five-year accident history.
The owner or operator shall submit in the RMP the information
provided in Sec. 68.42(b) on each accident covered by Sec. 68.42(a).
Sec. 68.42 Five-year accident history.
(a) The owner or operator shall include in the five-year accident
history all accidental releases from covered processes that resulted in
deaths, injuries, or significant property damage on site, or known
offsite deaths, injuries, evacuations, sheltering in place, property
damage, or environmental damage.
(b) Data required. For each accidental release included, the owner
or operator shall report the following information:
(1) Date, time, and approximate duration of the release;
(2) Chemical(s) released;
(3) Estimated quantity released in pounds;
(4) The type of release event and its source;
(5) Weather conditions, if known;
(6) On-site impacts;
(7) Known offsite impacts;
(8) Initiating event and contributing factors if known;
(9) Whether offsite responders were notified if known; and
(10) Operational or process changes that resulted from investigation
of the release.
(c) Level of accuracy. Numerical estimates may be provided to two
significant digits.
Program 2 Prevention Steps
Sec. 68.170 Prevention program/Program 2.
(a) For each Program 2 process, the owner or operator shall provide in the RMP the information indicated in paragraphs (b) through (k) of this section. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.
(b) The SIC code for the process.
(c) The name(s) of the chemical(s) covered.
(d) The date of the most recent review or revision of the safety information and a list of Federal or state regulations or industry-specific design codes and standards used to demonstrate compliance with the safety information requirement.
(e) The date of completion of the most recent hazard review or update.
(1) The expected date of completion of any changes resulting from the hazard review;
(2) Major hazards identified;
(3) Process controls in use;
(4) Mitigation systems in use;
(5) Monitoring and detection systems in use; and
(6) Changes since the last hazard review.
(f) The date of the most recent review or revision of operating procedures.
(g) The date of the most recent review or revision of training programs;
(1) The type of training provided--classroom, classroom plus on the job, on the job; and
(2) The type of competency testing used.
(h) The date of the most recent review or revision of maintenance procedures and the date of the most recent equipment inspection or test and the equipment inspected or tested.
(i) The date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit.
(j) The date of the most recent incident investigation and the expected date of completion of any changes resulting from the investigation.
(k) The date of the most recent change that triggered a review or revision of safety information, the hazard review, operating or maintenance procedures, or training.
Sec. 68.180 Emergency response program.
(a) The owner or operator shall provide in the RMP the following information:
(1) Do you have a written emergency response plan?
(2) Does the plan include specific actions to be taken in response to an accidental releases of a regulated substance?
(3) Does the plan include procedures for informing the public and local agencies responsible for responding to accidental releases?
(4) Does the plan include information on emergency health care?
(5) The date of the most recent review or update of the emergency response plan;
(6) The date of the most recent emergency response training for employees.
(b) The owner or operator shall provide the name and telephone number of the local agency with which the plan is coordinated.
(c) The owner or operator shall list other Federal or state emergency plan requirements to which the stationary source is subject.
6. Fees
If you stationary source's highest covered process is classified as Program 2 and it is in Florida then you are subject to fees under the Florida Accidental Release Prevention and Risk Management Planning Act.
The fee for one Program 2 stationary source is $200.
If an owner has more than one location covered under Florida Accidental Release Prevention and Risk Management Planning Act, the owner may qualify for a fee cap and/or a fee reduction. To find out more information on fees and fee reductions click "HERE".